Arrow Global / Shoostrings chasing for debt that is not mine

[GarthMarenghi]

Hello,

 

I am hoping someone can offer advice about a Debt Collection Agency that has been on my case since 2008. I do not owe them or anyone the money they are suggesting. I have never taken out a loan or a credit card.

 

Here is a history of the situation. I apologise for the length but I wanted to make sure I included the history of what has happened.

 

Over this entire time I have lived at two addresses. From this point on I will state these as Address1 and Address2.

 

• 17/12/2008 – Receive first ever letter at Address1 (dated 11/12/2008) from Allied International Credit (AIC) relating to this debt of £2507.7 (that I have do not own) to Client Triumph Asset Service, stating it is a final notice of intent – that I have ignored numerous letters threatening action against my wages, assets and property.

 

• 17/12/2008 – Call made from work on a withheld number to AIC regarding this debt. I call to ask it there has been some kind of mistake as I have never taken out a loan/credit card nor have any debt outside of my mortgage. After being passed on to a debt analyst, the analyst informs me and says something about a debt with Citi Bank, although he says this so fast I can only make a guess this is what he said. He says I must pass on my Date Of Birth to discuss the matter. I refuse as I don’t believe I am the person who owes this debt. I state that from this point on I will correspond with them via letter only

 

• 18/12/2008 – Send recorded response to initial letter after advice from this consumeractiongroup forum (with an old account I can’t remember) online stating I acknowledge no debt to the company with a CCA Request and a 1 pound postal order for this request – no response

 

• Following this check credit account with Experian and Equifax in case a fraud account has been set up on my account. No such account or debt exists. Am unrecorded enquiry search was conducted by AIC on 21/11/2008 (with no DOB - only name and address). There is no debt nor mention of any credit card or loan on my credit report.

 

• 10/03/2009 – Receive 2nd letter as Address1 (dated 05/03/2009) from Allied International Credit with notification of intended visit. They have clearly ignored my letter as they state I have ignored their attempts to communicate.

 

• 11/03/2009 – Respond to 2nd letter stating that AIC have ignored my letter enclosing copy of my original letter. I state I have not received the CCA I requested and this is a summary offence. State that if they continue the harassment towards me and offer no proof of debt that I will report this issue and AIC to OFT (Office of Fair Trading) – no response

 

• I take advice from Consumer Network response and Experian. They suggest I ignore further letters or simply reply with “not known at this address” to these letters.

 

• 09/2009 – I move from Address1 to new address in Address2. Address1 not yet sold until April 2011.

 

• 04/10/2009 – Receive Statement of Account from Triumph Asset Services at Address1 – with statement of this debt. The statement shows a payment of £1.00 on the debt on 22/12/2008. This suggests they used the £1 postal order to pay £1 off the debt despite my initial letter stating that this was payment for the CCA to prove the debt was mine. Perhaps a ploy to stop the debt going statute barred? – I ignore this

 

• 04/2011 – Address 1 sold. Set up forward to Address2 with Royal Mail.

 

• 07/02/2012 – Receive letter at Address1 from Arrow Global attempting to contact myself on a personal matter at Address1 asking for any correspondence to AIC go to –Letter ignored

 

• 10/04/2012 – Receive letter at Address1 with Notice of Assignment saying that that Fairmile Partnership 1 LLP (another DCA I have not head of) has assigned the debt to Arrow Global and asking for any correspondence to go to AIC. It states that I should contact AIC to organise payment of this as a matter of urgency. Interestingly it says the debt is originally owed to Citifinancial Europe plc. This is the first time this has been noted in any letter. –Letter ignored

 

• 31/05/2012 – Receive letter at Address1 from Arrow Global with Annual Statement. Some odd £-1 credits from 2011. Again Citifinancial Europe plc have been added as the original debtor. Interestingly the Date of Loan appears for the first time - 29/03/2005. – Letter ignored

 

• 22/11/2012 – Receive letter at Address2 – how did they get this address? - from Pace Forward (Debt Collector from Southend) - asking if I live here. They say they will assume I do not reply in 10 days they will assume the address is correct – Letter ignored (possibly a mistake)

 

• 6/12/2012 – Receive letter at Address2 from Rockwell (Debt Collector from Southend) stating they have been instructed by Arrow Global to contact me. Have pre-screened the debt for litigation and the debt is overdue and it must be paid in 10 days. I’m away on business – my wife opens the letter and then panics, calls them on a withheld number and states that the person with my name does not live at this address. They say they will update their records.

 

• Letter arrives as Address2 in Summer 2013 (can’t remember the exact date). I can see it states Arrow Global so send the letter back unopened with “not known at this address” on the envelope

 

• 16/12/2013 – Receive letter at Address2 from Shoosmiths Solicitors attempting to contact myself (listing both my new and old address), asking to contact them if I live here with reference to Address1. Also asks for information as to where I may be so they can update their records.

 

Until now I have thought ignoring was the best option, but this last letter is from a solicitor. May I state yet again I have NEVER taken out anything with Citifinancial and the only loan I have ever had has been my mortgage which I have never missed a payment on (and I know this makes me a very lucky individual).

 

This last letter shook me a little because it is from a solicitor. I have called a solicitor to take legal advice this morning and they are due to call me about this in the next day or two. I do not owe this money and never have. I have dismissed this is a phishing, spamming campaign until now, but a letter from a solicitor (even though it is trying to find out where I live) takes this up a level for me.

 

This forum was so useful to me in the past with advice back in 2008. Can anyone help me with this some guidance on this now?

 

Thanks in advance

[renegadeimp]

Send them the prove it letter. Even if it was a legit debt it would likely be sb by now. Thats why its been passed through the dcas that handle lemon debts and solicitors for hire.

[GarthMarenghi]

Thanks for your reply renegadeimp. Who do you think I should sent the prove it letter to? Last time I sent the prove it with a CCA request they ignored the letter, cashed in the £1 postal order for the CCA proof to pay off 1 pound on the debt balance. I'm concerned if that repeats itself they are likely to argue the debt will not be sb for another 6 years.

 

I hate the thought of spending money on legal advice, but part of me thinks I should be setting up a case against them for harrassment. At the end of the day, I have had to deal with stress from this and have had to take time out of my life to send letters and seek legal. As far as I see it, now they owe me.

[renegadeimp]

Send it to the company chasing you, and get CCA requests going. Also check your credit file to make sure they arent trashing it.

[BRIGADIER2JCS]

Good morning welcome to CAG.

 

This certainly seems to be a question of mistaken ID from what you say about the original search on your credit files.

 

May I suggest the following letter to Shoosmiths.

 

Ref: use theirs.

 

Sir/Madam,

 

I refer to your letter dated xx.xx.xxxx regarding an alleged debt for £xxxx. xx supposedly relating to an account with xxxxxxx, please take not I do not acknowledge any such debt to Shoosmiths or any company it may claim to represent.

 

For Clarification:

 

I am not nor have I ever been a customer of Citfinancial or any company associated with it.

 

A number of 'debt collection agencies have been supposedly dealing with this matter since 2008 and my response remains the same. I am not the debtor you seek.

 

I must remind Shoosmiths of the OFT Guidance on Debt Collection 2003/2006 updated Nov.2012 section 3.9 (a) { Deceptive and Unfair methods of debt collection}. And 3.9 (j) & (k) are relevant.

 

You are reminded that the onus of providing unequivocal proof that I am the alleged debtor falls entirely upon Shoosmiths an/or its client.

 

I now require Shoosmiths to close the file on this matter to the client and to confirm in writing that it has done so.

 

I consider this matter closed and no further correspondence will be entered into.

 

Send by recorded signed for post and check date received.

[GarthMarenghi]

Thank you for your response Brigadier.

 

I am going to wait to see if the local solicitors I called this morning calls back with any advice also. But your letter seems a suitable and well formed response.

 

And just to add to this a check on my credit report last year with Experian noted that my credit report is still clear of this. And an additional check just now with Noddle confirms it. There is no such mention of anything from Citifinancial or any DCA on there (including the old search conducted by my best pals AIC back in 2008 as that history can no longer be seen).

Edited December 17, 2013 by GarthMarenghi
Adding paragraph regarding Credit Report

[BRIGADIER2JCS]

Thank you for your response Brigadier.

 

I am going to wait to see if the local solicitors I called this morning calls back with any advice also. But your letter seems a suitable and well formed response.

 

Thank you, please let us know how you get on at the solicitors.

[GarthMarenghi]

I added a few lines to the letter regarding the CCA Request I had already put in that was ignored back in 2008 and sent the letter recorded, tracked and signed for this morning. Nothing back from the solicitor, which unfortunately doesn't overly surprise me. Thanks for your help I will post back in here with any further developments.

[BRIGADIER2JCS]

Your welcome, happy Christmas!!

[GarthMarenghi]

Happy Christmas to you too sir! :)Solicitor called me back so I was doing the chap a disservice. He mentioned from the history of the case I have described it looks like they have nothing they can use to prove I owe the debt and he will happily represent me if they try. But until they do I should hang tight. I will update when I hear anything more.

[BRIGADIER2JCS]

Yes definitely hold on!

 

I think this is going to be OK.

[GarthMarenghi]

I do have a quick question on this. Given that there is no mention of the citifinancial account on my credit report do Arrow Global or any of the DCAs have the power to create an entry and default my credit report with this debt that is not mine?

[BRIGADIER2JCS]

Was there an entry at any time in the past?

 

If there has not and there is no new entry no that should not happen unless you get a CCJ.

 

Gareth I would send the letter drafted by recorded/signed for post today.

[GarthMarenghi]

It's ok. I sent the letter yesteryday via recorded tracked and signed delivery and it's guaranteed to get there by today at 1pm apparently.There has never been an entry on my credit report for this loan/credit card back then or now so it sounds like they'd need to take me to court to get that. And as I never took out the loan/credit card I'm safe from any kind of default in this case.Thanks again

[BRIGADIER2JCS]

Great Gareth, I can assure you that your situation with AG and Shootwits is far from unique, have 3 similar I'm dealing with elsewhere.

[GarthMarenghi]

Hello all,

 

This case went quiet but has picked up a little in the last month ro so. I've had a few letters on this in April/May and thought once again I'd ask for opinions. Here's the current state of play on this debt that has nothing to do with me.....

 

• 01/04/2014 – Received a letter from drydensfairax solicitors attempting to contact me at about a "personal business matter" asking to call – I ignored this.

 

• 15/04/2014 – Received a letter from Arrow Global saying they have transferred the management of the account to drydensfairfax solicitors, based in Bradford. (Notably the Original Agreement company is now apparently the Fairmile Partnership 1 LLP (and not citifinancial). Fairmile were one of the supposed DCAs sending me letters in 2012 interestingly. Also the debt amount, for the first time, had been reduced (£1499.00 rather than £2507.70) – Letter ignored again.

 

• 24/04/2014 – Letter from Drydens Fairfax Solicitors stating I have failed to repay outstanding amount on this account, stating , once again, the client is again the Fairmile Partnership 1 LLP. The letter states they have agreed to reduce the balance to give the opportunity to settle the account without having to take further action against, explaining why the previous letter stated the amount as £1,499.00. They asked me to call.

 

• 26/04/2014 - I reply with a similar letter to that which I sent Shoosmiths (templated above by BRIGADIER for me!) in December, re-iterating that I am not the debtor they seek and that I have already had a CCA ignored by the AIC/Arrow and I ask them to close the account with me and that I would cease any further correspondence on this.

 

• 1/05/2014 – I receive a reply acknowledging my letter (the first time ever), but they seem to have ignored my letter, instead advising me I can request a copy of the original Credit Agreement in accordance with the Consumer Credit Act 1974, but that I am obliged to pay them £1 (as I did before to AIC/Arrow) to do so.

 

They state they will the “attempt” to obtain this within 12 days and will put any action against me on hold for this period. I intend to do nothing…. Last time I asked for a CCA in 2008 the postal order was used to reduce the debt £1 and ignore the CCA request. I’m pretty sure they didi this to try and hold this debt open for 6 more years before it became statue barred and as that 6 years is up in December this year I believe the same trick will be applied here.

 

The amount of DCAs and "original clients" and now a new solicitor being involved is making this rather a maze, but I can clearly see this is their "way" of trying to threaten and swerve around.

 

What do you guys think? Hold tight and do nothing? I categorically stated to these guys, as I did with Shoosmiths, that I would enter into no further correspondence so I strongly feel I shouldn't, unless there is come great advice here that I should. I'm fed up with these guys as this debt is not and never has been mine.

 

Thanks in advanced for any advice, I appreciate there is a lot to read on this one.

Edited May 11, 2014 by GarthMarenghi

[unclebulgaria67]

If this debt is not yours, then you cannot send them a CCA anyway, as only the person who took out the debt has the right to their information. It would be a breach of the data protection act to supply you with the CCA, given that you have told them you are not the person they are looking for.

 

I can only suggest that you confirm again that they have made a mistake in tracing the wrong person, as you have never had any financial relationship with Fairmile Partnership 1 LLP. Suggest to them that they need to go back to the original work done to trace the debtor and from this they should find they have made a mistake.

 

If they continue to harass you about this, you should make a formal complaint to the FOS and ICO.

 

Is there anything on your credit record ? suggest you keep an eye out.

[BRIGADIER2JCS]

Hello Garth,

Nasty things like Fairmile crawl out of the woodwork from time to time, "partnership 1 , 2, 3. Covering various "financial practices".

 

 

My feeling is send the original letter drafted and just add that you deny all liability as before and no CCA has been provided in the past and that the statutory fee was misapplied to the account as a payment seemingly to extend the limitation period for a further 6 years.

 

 

Any complaint should firstly be directed to the FCA which now regulatory authority succeeding the OFT.

 

 

You could of course send A CCA request as many will contend no signature is required for this, highlighting once again a serious defect in CCA 1974.

[GarthMarenghi]

Thanks Uncle Bulgaria and Brigadier once again

 

Uncle B - My credit report is clear, and has been since this all started. This debt has never been against my name nor has anything tried to put anything on it.

 

Brigadier - do you really think I should send a CCA again? With them taking a £1 and taking it from the debt to extend another 6 years I feel they will perhaps just do the same again and the letters will keep coming.

 

I've drafted this letter so far:-

 

 

 

I refer to your letter dated 1st May 2014 regarding your client named as Arrow Global Limited. I do not acknowledge any such debt to Drydens Limited or any company it may claim to represent. As I have responded already on separate occasions I am not the debtor you or your client seek.

 

For Clarification:

I am not nor have I ever been a customer of nor have I entered into a financial relationship with Citifinancial, Fairmile Partnership 1 LLP or any company associated with these. Again, I do not acknowledge ANY debt to your company or your client.

 

Your company, or your client, need to go back to the original work done to trace the debtor and from this they should find they have made a mistake.

 

A number of debt collection agencies, although all seemingly related to Allied International Credit or Arrow Global, have been supposedly dealing with this matter since December 2008 and my response remains the same; I am not the debtor you seek. In December 2008 I requested a CCA to prove the debt and nothing was received in reply to this request. No CCA was provided and that the statutory fee was misapplied to the account as a payment seemingly to extend the limitation period for a further 6 years. This is a case of mistaken identity or, more seriously, fraud.

 

If you, or your client, continue to harass you about a debt that is not mine, I will move forward and make a formal complaint to the Financial Ombudsman Service.

I must remind Drydens of the OFT Guidance on Debt Collection 2003/2006 updated Nov.2012 section 3.9 (a) { Deceptive and Unfair methods of debt collection}. And 3.9 (j) & (k) are relevant.

 

You are reminded that the onus of providing unequivocal proof that I am the alleged debtor falls entirely upon Drydens and/or its client.

 

I now require Drydens to close the file on this matter to the client and to confirm in writing that it has done so.

 

I consider this matter closed and no further correspondence will be entered into.

 

Yours faithfully,

[BRIGADIER2JCS]

Thanks Uncle Bulgaria and Brigadier once again

 

Uncle B - My credit report is clear, and has been since this all started. This debt has never been against my name nor has anything tried to put anything on it.

 

Brigadier - do you really think I should send a CCA again? With them taking a £1 and taking it from the debt to extend another 6 years I feel they will perhaps just do the same again and the letters will keep coming.

 

I've drafted this letter so far:-

 

 

 

I refer to your letter dated 1st May 2014 regarding your client named as Arrow Global Limited. I do not acknowledge any such debt to Drydens Limited or any company it may claim to represent. As I have responded already on separate occasions I am not the debtor you or your client seek.

 

For Clarification:

I am not nor have I ever been a customer of nor have I entered into a financial relationship with Citifinancial, Fairmile Partnership 1 LLP or any company associated with these. Again, I do not acknowledge ANY debt to your company or your client.

 

Your company, or your client, need to go back to the original work done to trace the debtor and from this they should find they have made a mistake.

 

A number of debt collection agencies, although all seemingly related to Allied International Credit or Arrow Global, have been supposedly dealing with this matter since December 2008 and my response remains the same; I am not the debtor you seek. In December 2008 I requested a CCA to prove the debt and nothing was received in reply to this request. No CCA was provided and that the statutory fee was misapplied to the account as a payment seemingly to extend the limitation period for a further 6 years. This is a case of mistaken identity or, more seriously, fraud.

 

If you, or your client, continue to harass me about a debt that is not mine, I will move forward and make a formal complaint to the Financial Ombudsman Service.

I must remind Drydens of the OFT Guidance on Debt Collection 2003/2006 updated Nov.2012 section 3.9 (a) { Deceptive and Unfair methods of debt collection}. And 3.9 (j) & (k) are relevant.

 

You are reminded that the onus of providing unequivocal proof that I am the alleged debtor falls entirely upon Drydens and/or its client.

 

I now require Drydens to close the file on this matter to the client and to confirm in writing that it has done so.

 

I consider this matter closed and no further correspondence will be entered into.

 

Yours faithfully,

Good to go Garth!

 

 

Just pointing out the deficiencies of that section of CC1974 as there has been previous contact in regard to this alleged debt you could easily send a CCA request but there is no point at this juncture.

 

 

Use signed for post and check delivery.

[GarthMarenghi]

Thanks Brigadier and Uncle Bulgaria as ever for the advice! :)

 

Letter will be sent tomorrow.

[GarthMarenghi]

Ok guys and gals......there is more to this now....

 

I received a letter from Drydens today, which I think overlapped me sending my reply (so they probably haven't seen that) threatening me that they will proceed with legal proceedings if they do not hear from me by 23rd May 2014. I was very angry on reading this so called them (on a withheld number) and after telling them I would not give them my DOB (as naturally they asked for it and that's one thing I don't believe they have) and them telling me in that case they could not discuss the details of my case, I reiterated I am not the debtor and that they must go back to the client and look at where their mistake was. I made sure they realised I would fight any action that they would start against me.

 

I know I shouldn't have called, but I gave them no more information than they have already and I wanted to make sure that they knew what my intentions were, as I am unsure if they are even bothering to read my letters.

 

I once again took a look at my credit report and yet again there is NOTHING on there related to any debt (apart from my mortgage).

 

My questions are this:-

 

1. I am thinking of once again calling a solicitor who gave me some free advice around Christmas when Shoosmiths were bothering me, but I am guessing I will have to pay him this time for more help. Is it worth doing this? I hate paying any more towards this as I am being chased for a debt that isn't mine? But with the threat of court action, I am unsure what to do. When the various DCAs threatened legal action I saw it as am empty threat but in this case it's a solicitor getting nasty.

 

2. Can they really take me to court with little or no evidence like this? My credit report is clean, surely one scan of it will show that and they will laughed out of court, won't they?

 

3. Do they have any power to go into my credit report and put this debt against my name now, even though it never existed in the first place?

 

4. As I threatened to report them to the FOS if they harrassed me further I'd now like to do this. Does it matter that I haven't filed an official complaint with the DCAs or solicitors chasing this?

 

Thanks for any advice in advance.

 

They made me very angry today and I probably should not have called them, but I felt they were just issuing threats to me without even reading my letters and I wanted to spell it out to them.

[renegadeimp]

A DCA cannot touch your file unless the OC already entered a marker and it isnt past the 6 year expiry date. The only thing they can do if the OC entered a marker is update the administrator name. They cannot touch the default date. They also cannot add a second default.

[GarthMarenghi]

A DCA cannot touch your file unless the OC already entered a marker and it isnt past the 6 year expiry date. The only thing they can do if the OC entered a marker is update the administrator name. They cannot touch the default date. They also cannot add a second default.

 

Thanks renegadeimp .

 

My credit report is as clean as a whistle as this debt has never been mine. I'm struggling to understand how they can therefore threaten me with court action? Surely a quick credit check of me would show them they are wrong and have no basis to take this to court? Unless, of course, it is as empty as the earlier threats by the DCAs, but these are solicitors? Surely they would check before making such threats?

[BRIGADIER2JCS]

Thanks renegadeimp .

 

My credit report is as clean as a whistle as this debt has never been mine. I'm struggling to understand how they can therefore threaten me with court action? Surely a quick credit check of me would show them they are wrong and have no basis to take this to court? Unless, of course, it is as empty as the earlier threats by the DCAs, but these are solicitors? Surely they would check before making such threats?

 

 

Have you sent a formal complaint yet?

 

 

If not personally I would do it now and address to both Arrow and Shoosmiths CEO/ MD.

 

 

Shoosmihs are "solicitors " in name but a debt collection agency in reality!!